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E-raamat: Philosophical Foundations of Property Law [Oxford Scholarship Online e-raamatud]

Edited by (Professor of Law, National University of Singapore), Edited by (Fessenden Professor of Law, Harvard Law School)
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Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find?

The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
Table of Cases
vii
List of Contributors
xiii
Introduction xv
1 `To Bestow Stability upon Possession': Hume's Alternative to Locke
1(12)
Jeremy Waldron
2 Productive Use in Acquisition, Accession, and Labour Theory
13(34)
Eric R. Claeys
3 Property and Necessity
47(21)
Dennis Klimchuk
4 Private Property and Public Welfare
68(31)
Alan Brudner
5 Average Reciprocity of Advantage
99(29)
Brian Angelo Lee
6 Some Strings Attached: The Morality of Proprietary Estoppel
128(28)
Irit Samet
7 Possession and Use
156(26)
Arthur Ripstein
8 Possession and the Distractions of Philosophy
182(20)
Lisa M. Austin
9 The Relativity of Title and Causa Possessionis
202(17)
Larissa Katz
10 Defining Property Rights
219(25)
Simon Douglas
Ben McFarlane
11 On the Very Idea of Transmissible Rights
244(28)
James Penner
12 Psychologies of Property (and Why Property is not a Hawk/Dove Game)
272(17)
Carol M. Rose
13 Property and Disagreement
289(31)
Stephen R. Munzer
14 Emergent Property
320(19)
Henry E. Smith
References 339(18)
Index 357
Henry Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. He teaches in the areas of property, intellectual property, natural resources, remedies, and taxation. He has written primarily on the law and economics of property and intellectual property.



James Penner is Professor of Law at the National University of Singapore, He teaches and writes in the areas of the law and philosophy of property, the law of trusts and fiduciaries law, and generally in the philosophy of law.